N.J. Admin. Code § 13:71-23.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:71-23.4 - Post-race testing program; split urine or split blood samples

(a) No drug shall be administered or applied, internally or externally, to any horse that is to be sampled after a race until the blood and/or urine samples have been obtained unless permission from the State Veterinarian is obtained.

(b) Every horse to be tested shall be taken to a detention barn, to be supplied by the association in accordance with specifications set forth by the Commission. All blood samples shall be taken by a State Veterinarian while urine samples shall be secured by the State Veterinarian or a chemical inspector of the Commission at the direction of the State Veterinarian.

(c) During the taking of any blood and/or urine sample by the veterinarian representing the Commission, from the horse entered to race, the owner, trainer, or their designated representative shall be present and witness the procedure. The sample so taken shall be immediately sealed and tagged on the form provided by the Commission and the evidence of such sealing shall be indicated by the signature of such owner, trainer or representative. It shall be the obligation of the owner, trainer or representative to cooperate fully with the State Veterinarian in obtaining any samples which may be required and to attend and witness the taking and securing of such sample.

(d) In order to conduct a post-race test of a horse, the State Veterinarian or a designated employee shall cause one sample of the horse's urine, and one or more samples of the horse's blood to be sent to the testing laboratory designated by the Commission (testing laboratory). Upon completion of testing, any residue portion of the urine or blood sample taken shall be preserved by the testing laboratory as a "split sample" until either: it is determined by said laboratory that the primary urine or blood sample is negative for a foreign substance or, if a foreign substance is discovered in the primary urine or blood sample, for 48 hours following the notification of such finding to the owner and trainer. The owner or trainer, prior to the expiration of such 48-hour time period, may request in writing to the State Steward or Executive Director that the split sample(s) be sent to another laboratory for testing. The laboratory shall be selected by the requesting owner or trainer from a list of eligible laboratories presented to the owner or trainer by the Racing Commission. The list should contain a minimum of three alternative laboratories. Upon being presented with the list of alternative outside laboratories, the owner or trainer requesting the split sample shall have 24 hours to decide which outside laboratory will conduct the test of the split sample. If no request is timely made, upon expiration of either the 48-hour time period to request a split sample be tested or the 24-hour time period to select an outside laboratory, the testing laboratory shall properly dispose of any and all split samples and the findings of its testing shall be conclusive. If a request is timely made, and if the entire primary sample was consumed during the testing laboratory testing process, the results of the testing laboratory testing on the primary sample shall be conclusive. If a request is timely made, an outside laboratory is timely selected, and a split sample remains, the testing laboratory shall cause the split sample or portion thereof to be delivered to the selected outside laboratory for testing. If the outside laboratory confirms substantially the testing laboratory findings, or if the split sample was not of sufficient quantity for the outside laboratory to conduct valid testing or to reach a valid testing conclusion, the findings of the testing laboratory shall be considered conclusive. If the outside laboratory testing does not confirm substantially the testing laboratory findings, any outstanding allegation or finding that the foreign substance in question was in the horse's system at the time of the subject race shall be dismissed. If the testing laboratory detects a foreign substance at a level that is at or above a threshold established in this chapter, the overage shall be deemed confirmed if the outside laboratory confirms the presence of that foreign substance in the split sample at any level. The owner or trainer requesting the testing of any split sample shall bear all costs related to the shipment and testing of same by the outside laboratory. The owner or trainer shall pay these costs at the time he or she selects which outside laboratory will test the sample. Failure of the owner or trainer to provide payment at the time he or she selects which outside laboratory will conduct the test of the split sample shall constitute a waiver of all rights to split sample testing. The timely submission by an owner or trainer of a request for split sample testing shall not result in a deferral or suspension of the implementation of the procedures set forth in N.J.A.C. 13:71-23.5.

(e) Nothing contained in (d) above shall be interpreted: to preclude the State Steward from initiating the procedure set forth in 13:71-23.5 upon notification of a positive urine or blood test by the Racing Commission laboratory; or to preclude the holding of an initial hearing with respect to an alleged violation of this subchapter where a request for testing of the split sample has been timely made and the results of testing by the outside laboratory are pending. However, where in such circumstances an appeal of any initial determined violation is filed pursuant to 13:71-3.4, a stay of any ordered penalty notwithstanding the provisions of 13:71-3.8 shall be issued pending receipt of the results of the outside laboratory testing. In the event the Board of Judges determines in such case that the outside laboratory does not confirm substantially the Racing Commission laboratory findings, and the determined violation is therefore dismissed pursuant to (d) above, any allegation or determination of a violation as a result of any search initiated pursuant to 13:71-23.5 shall not be affected.

N.J. Admin. Code § 13:71-23.4

Amended by 50 N.J.R. 1901(b), effective 8/20/2018